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HomeMy WebLinkAboutSilicon Valley Paving (2)MINOR CONSTRUCTION AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND SILICON VALLEY PAVINC This Agreement (this "'Agreement" made and entered into between the Town of Los Altos Hills, a General Law Cts ("Town"')16 and SILICON VALLEY PANG ""_ (Contractor) effective as of - [;�o VI VQ (the "'Effective Date"). Town and Contractor are here* inafter collectively referred to as (the cries"). In consideration of their mutual covenants, the Parties hereby agree as follows; e of Work. Contractor shall provide the following services and/or materials ("the Work"').- installing one paddock grid per manufacturer's instructions, repairing one retaining wall, and installing a 4"' perforated pipe. Or, as more particularly described in the Scope of Work, attached hereto and incotporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A,, the text of the main body of this Agreement shall prevail. The Work shall commence on 10/16/,21-023,ftand shall be completed to the satisfaction of the Town by unless such date is extended or otherwise modified by the Town in w't' ri ing. 2. Pavment. Town shall pay Contractor an amount not to exceed: $42,,400 for the full an satisfactory completion of the Work i. . n accordance with the terins and conditions of this Agreement. Th Clalculation of payment for the Work shall be set forth as: described in'Exhibit A. - The amount stated abov 4 is the entire compensation payable to Contractor for the Work performed here -under, including all labo materials., tools and equipment furnished by Contractor. (A) Invoices,, Town shall make monthly payments, based on invoices received,, for Work satisfactorily perfornied. Town shall have thirty (30) days from the receipt of an invoice that complies with all oft e requirements above to pay Contractor. (B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change Order, r, is a violation of the California False Claims Act and may result'in treble damages and a fine of five thousand ($5 000) to ten thousand dollars ($10,000) per vlolation. (C) R�etentio�nandF�inal Pamemt. Town shall retain five percent (5%) of each payment, which shall be paid within sixty (60) days after acceptance of the services, as described'in Section 1. 1, and It submittal to Town of a final invoice, if all services required nave been satisfactonfly per -formed. Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to 'Public Contract Code Section 22300. 3. Independent Contractor. It is understoodand agreed that this Agreement 'is not a contract of employment and does not create an employer-employee relationship between the Town and Contractor. At all. times Contractor shall be an independent contractor and Con'tractoris not authorized to bind the Town to an contracts or other obligations without the express written consent of the Town. 4. Indemnification. To the fullest extent permitted by law, Contractor shall indemn�, defend (with counsel acceptable to the Town), and hold harmless the Town and'Its elected and appointed officers, officials, employees, agents,, contractors and consultants (collectively, the "Town Indemnitees") from and against any and all liability, loss, damcage, claims, expenses and costs (including, without limitation, attorneys' fees and costs of litigation) (collective * ly, ""Liability") of every nature arising out of or in connection with Contractor's perfomiance of the 'Work or Contractor's failure to comply with this Ott^ I Agreement, except such Liability caused by the gross negligence or wmiui misconduct of the Town Indemnitees. 5. Excavations. In accordance with Public Contracts Code Section 714, Conti -actor shall promptly notify the Town in writing of discovery ofany material Contractor believes may be hazardous waste as defined in Section 25117 of the Health. and Safety Code or of any subsurface or latent physi'cal conditions at the site of any unusual nature differing materially from those generallv inherent 'in the work described in Exhibit A. Upon receipt of such communication, Town shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities, the Town shall be rponsi ible for removal and protection of such public utilities pursuant to Government Code Section 4215. es 7. In ran . Prior to beginning the 'Work andcontinuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractor's (or subcontractor's) sole cost and 1#4 expense, furnish the Town with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts. - A. Workers' Compensation that satisfies the minimum statutory limits. V B. Commercial General Liability and Property Damage Insurance in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence, FIVE MILLION DOLLARS ($5,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation `any `Town -owned or Town -furnished equipment used or operated by the Contractor,'its personnel, agents or subcontractors. W C. Comprehensi've automobile insurance in an amount not less than ONE MILLION DOLLARS ($ 1,000,000) per occurrence.for bodily -injury and property damage including coverage for owned an, non -owned vehicles. All insurance policies, shall be written on an. occurrence basis and shall name the Town Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of the carrier to notify the Town of any material change,, cancellation, termination or non -renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non -renewal. Further, if the Contractor's 'insurance policy 'Includes a self-insured retention that must be N paid by a named Insured as a precondition of the insurer's liability,, or w I ai ch has the ef fect of providing that payments of the self-insured retention by others, it ud i rig additional 'Insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured covera gg required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as, a precondition to the insurer's, liabilit . AddiflI yonally, the certificates of insurance must note whether the policy does or does nsu ot include any self -in retention and also must disclose the deductible. V 8. General .crapi.and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including anv exhibits incorporated] conforin to all drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided-, (C) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contra. ctor"s Work will belin strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective, Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the Town's acceptance of the Work ("Contractor's Guarantee""), as described in Section 11. As part of Contractor's Guarantee, Contractor agrees to make, at Contractor's own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident w *thin the one-year guarantee period. The Contractor's Guarantee is effective regardless of whether or not I a maintenance bond is required by the Town for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, p eits, I and qualifications legally required for the performance of the Work, including but not limited to a rm business license from the Town and payment of any applicable business license tax. Contractor shall, at Contractor's sole cost and expense, maintain all such licenses, permits and qualifications'in full force and effect throughout the term of the Agreement. 10, Dam ,neto Town il and d Site -Safety. Damage to Town or public facilities or private Fac property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or rept aced'in kind at no cost to the Town. The worksite shall be kept clean and free of hazards at al I times during installation. After work is completed at the site, Contractor shall clean the surrounding area to the condition prior to performance of the Work. 11. Final ins action and Work Acceptare e. All Work shall be subject to final inspection and acceptance or rejection'by the Town. Contractor shall guarantee the Work to be free of defects'in material and workmanship for a period of one (1) year following the Town's acceptance of the Work. M I OM it a ##A I MAI SIPI t ILI MA 13. nt of Taxes: Tax Wiftoldine. Contractor i's solely responsible for the payment of employment taxes 'incurred under thi's Agreement and any similar federal or state taxes. To be exempt from tax withholding, Contractor must provide Town with a valid California Franchise Tax Board fonn 590 ("Form 590"). Unless Contractor provides Town with a valid Form 590 or other valid, written evidence of ion or waiver from withholding, Town may withhold California taxes from payments to an exempt* Contractor as required by law. Contractor shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form. 590s (or other written evidence of exemptions or waivers) from all subcontractors. Contractor accepts sole responsibility for withholding taxes from any non-Californi . a resident subcontractor and shall submit written documenta " :: duty to Town upon request. I 14. Preva I ng W A.. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailina rate for a day's work 'in the wine trade or occupation in the locality within the state where the work hereby contemplates to be per -formed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Conti -actor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever arnount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevalling rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. The Town will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of xvage increases is one of the elements to be considered by the Contractor. NOM An error on the part of an awarding body does not refieve the Contractor = 11 1 from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2. the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined p' revailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be niade from. unpaid wages actually earned by the laborers and mechanics songaged. ii. Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per them wages paid to each journeyman, apprentice., worker, or other employee employed by the It 10 Contractor in it connection wit the public work. Such records shall be certifies and submitted weekly as required by Labor Code Section 1776. 15} Patents. The Contractor shall assume all. costs arising from the use of patented materials, equipment,, services.,., or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the Town of Los Altos Hills, the City Council, and the Engineer, and their duly authorized W represen�atives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 16, D1*s PuV% esan. N floor to initiating litigation in a court of competent Jurisdiction., both te Kol i I Contractor and Town shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such, procedures are incorporated as though fully set forth*in this Agreement, 17. Prevailing Pp.M. In the event that either party to this Agreement commences any legal action or proceeding(includln,g but not limited to arbitration) to interpret the terms of this Agreement, the preeval fling party in such a proceeding shall be entitled to recover 'Its reasonable attorney's fees associated 1 with that legal action or proceeding. 18. Termination. Town may terminate or suspend this Agreement at any time and without cause upon written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor shall immediately stop all work in progress under this Agreement. The Town's right of termination shall be in addition to all other remedies available under law to the Town. 19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 21. Non -Liability of Officials, Employees and Agents. No officer, official, employee or agent of Town shall be personally liable to Contractor in the event of any default or breach by Town or for any amount which may become due to Contractor pursuant to this Agreement. 22. Execution in Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties, 23. Choice of Law, Venue. The applicable law shall be that of the State of California 24. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Contractor: Matthew Slyngstad Silicon Valley Paving PO Box' 6558, San Jose, CA 95159 Town: Melissa Elian Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. TO CONTRA . Silicon Valley Paving, Inc. By: 2 �— By: Peter Pirnejad City Manager Print Name: Todd Slyngstad Tit I e .- President EXHIBIT A PROPOSAL - SCOPE OF WORK AND COMPENSATION Silicon Valley Paving, Inc. PO Box 26558, San Jose, CA 95159 Office: (408) 286-9101 Fax: (408) 286-2488 Date: September 2111, 2023 Proposal #: MS -075-23 Estimator: Matthew Slyngstad Proposal Submitted to: Work to be performed at: Town of Los Altos Hills 27210 Altamont Rd 26379 Fremont Rd Los Altos Hills, CA Los Altos Hills, CA 94022 Attn: Melissa Elian Phone: Fax: Email: Melian-Carrilo@losaltoshills.ca.gov SCOPE OF WORK: Paddock Repairs — Geoerid — Each I . Remove Existing soil to a depth of 6" 2. Install geo textile fabric 3. Install Grid per manufactures spec (Lighthoof) 4. Infill with ;/4 crushed rock 5. Top dress with existing material PRICE: $27,000 per paddock Off Haul/disposal of existing material - $3,000 per paddock Paddock Repairs — Retainin,2,walls — Each 1. Drill and install posts per drawing sheet SK -1 Paddock Repairs — Drain Pipe — Each 1. Excavate and install perforated drainpipe along retaining wall 2. Pipe to be placed 18" below finished grade. 3. '.4 crushed rock surrounding pipe, and wrapped with permeable fabric 4. Pipe to drain to daylight (1511 run included for daylight outfall) PRICE: $5,000 per paddock PRICE: $7,400 per paddock If both paddocks are to have the geogrid / retaining wall 1 drain pipe- $67,700 - This excludes off haul Exclusions: Permits, fees, engineering, testing, staking, landscaping, irrigation repair, storm drain repair over excavation or off haul of unsuitable material and, or off haul of contaminated material. All work to be performed on weekdays unless specifically stated. Unless specifically stated, no paving is ADA compliant. Work not specifically stated in this agreement. All material is guaranteed to be as specified, and the above work to be performed in accordance with drawings and specification submitted for the above work and completed in a workmanlike manner. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the contracted price. All agreements are contingent upon strikes, material cost price increases, accidents, or delays beyond our control. The Owner is to carry fire, tornado and other necessary insurance upon above work. Workman's compensation and Public Liability Insurance on above work is to be taken out by SILICON VALLEY PAVING. "NOTICE TO OWNER" (Section 7019 - Contractors License Law) Under ft Mechanic's Lien Law, any contractor, subcontractor, taborer, material -man or other person who helps to improve your property and Is not paid for his labor, services, or material, has a right to enforce his claim against your property. Under the taw, you may protect yourself against such claims by filing, before commencing such work of improvement, an original contract for the work of Improvement or a modifl.cation thereof, in the office- of the county recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded in such office: , Said bond shall be in an amount not less than fifty percent (60%) of the contract price and shall, In addition to any conditions for the performance of the contract, be conditioned for the payment In full of the claims of all persons fumishing labor, services, equipment or materials for the work described in said contract, Traffic Control:. Unless specified in else=herein this contract, Silicon Valley Paving is not responsible for traffic control, Oh tractions. If there are any obstructions such as garbage bins, cars, etc., in the area of proposed work, they should be removed before the work begins. if we must return due to an obstmction, there will be an exim charge of a minimum of $850.00 for each additional move -in necessary to complete the contract. Landscaping: All landscaping foliage such as trees, shrubs, ground cover, etc.., that may overhang any curbs, header boards or work are -as must be trimmed by owner Wore the commence of work. Silicon Valley Paving will not be held responsible for any damage incurred to landscaping during construction. "gation: If there are any automatic sprinklers for your landscaped areas, they should be turned off at least 24 hours prior to, during, after the start of this work, Silicon Valley Paving is not responsible for damages Incurred due to irrigation during project as outlined above. Tracking Material: SILICON V,-'\LLEY PAVING is not responsible for the cleaning or cost of cleaning any carpet, concrete, eta, that is stained as a result of people walking through the new construction area arid tracking the material onto the surface. Utilities.- Additionally, SILICON VALLEY PAVIt-,IG is not responsible for any damage or expense incurred due to any underground water, gas, electric, etc, utilities not clearly marked on plans or staked out on jobsite, Additional Costs: During excavation if the following is encountered; concrete, steel, water saturated material, paving fabric or asphalt thicker than the total removal depth bid. Additional cost(s) for further excavation, stabilization and replacement or dumping of materials will be determined by negotiation between the owner and SILICON VALLEY PAVING representative, TennInatilon of Contract: Work on the said project will be terminated under the following conditions: I. Work stopped by any public authority for a period of tan days or more, through no fault of SILICON VALLEY PAVING 2. Should the work be stopped through act or neglect of the OWNER FOR A PERIOD OF SEVEN DAYS 3$hould the Owner fall to pay SILICON VALLEY PAVING, Upon written notice to the Owner, SILICON VALLEY PAVING may stop work or terminate the Agreement and recover from the Owner payment for all work executed, any loss sustained, including reasonable profit and damages. Until such time as the Agreement price is paid in full, all equipment and materials on or about the site which is furnished by SILICON VALLEY PAVING may, without notJoe, enter onto the premises to repossess such equipment should the Agreement price not be paid in full accordancewith this agreement, Insurance: A Certificate of Insurance will be provided prior to the start of the project, any modifications beyond the standard certificate, such as additional insured endorsements, will be billed to you at our cost. Damages: SILICON VALLEY PAVING will only be held liable for damage or disrepair to the said property when such damage or disrepair is directly attributed to negligence by an employee of Silicon Valley Paving, The owner will assume all other risk of loss or damage to property and construction work, in progress and indemnifies. SILICON VALLEY PAVING. No such loss or damage relieves Owner from any obligation under this contract. Permits: By signing this agreement the owner assumes ail responsibility for providing permits, fees and engineering required by any governmental authority shelf be the complete responsibility of the Owner, Change Orders- Should any changes under this agreement. be required for any cause, the Owner, on written demand and itemization, shall Pay SILICON VALLEY PAVING the cost for such special services or material, plus 16% Compensation for any additional costs or loss of profits which are occasioned by and cause delay. Legal Action: If any action at law or in equity, including an action for declaratory relief, is brought to enforce- or interpret the provisions of this Agreement, the prevailing party should be entitled to reasonable attorney's fees which may be set by the Court in the same action, or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party be entitled. Guarantee: All Materials and Workmanship are, guaranteed for one year from date of completion, Exclusions- SILICON VALLEY PAVING Is not responsible for the follovAng.: Cracks caused by ground moverneW, work perfoffned by others, acts uncontrollable by man. PAyment is due Mon COMRt-1.00n. Unless other arrangements have been made, a 1-1/2% per month finance charge VAII be assessed after 30 days. A M% Note* P gs..al is valid fiPrLhirtZ,JU0 - Respectfully Submitted Matthew Slynostad., S1.11con Valley Paving, In